Patterson v. Camp

• Decision Date: 17 May 1923
• Docket Number: 8 Div. 548.
• Parties: PATTERSON v. CAMP.
• Court: Alabama Supreme Court

96 So. 605

209 Ala. 514

PATTERSON v. CAMP.

8 Div. 548.

Supreme Court of Alabama

May 17, 1923

Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge.

Action by J. O. Camp against J. B. Patterson. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Reversed and remanded.

Where in an action for electrical work done, certain counts declared upon an express contract to wire defendant's home according to plans and specifications, and one of those counts set out the contract according to which all wires were to be installed according to underwriters' rules, but the uncontroverted evidence indicated that the wiring was not installed according to underwriters' rules held, that the failure to give an affirmative charge as to the counts declaring on the contract was error.

The cause was submitted to the jury on common counts, for work and labor done and materials furnished "during the months of August, September and October, 1920," and also counts on contract as follows:

"(19) Plaintiff claims of the defendant the sum of $1,658.05 damages, for that on or about the last day of July, 1920, the said plaintiff and defendant made and entered into a contract for the electrical wiring of the said defendant's home, at Lacon, Ala., by the plaintiff, according to certain plans and specifications and blueprints, held by the said defendant, and for which wiring of said house the said defendant contracted and agreed to pay the said plaintiff the sum of $1,658.05, and plaintiff avers that he performed his part of the said contract with the said defendant, in that he wired defendant's house according to the plans and specifications and blueprints, and the said defendant has failed to fulfill his part of the contract, in that said defendant has only paid the plaintiff the sum of $309.05, whereas his contract called for $1,658.05, and therefore the said defendant now owes the plaintiff the sum of $1,309.73.

"(20) Plaintiff claims of the defendant the sum of $1,309.73, damages, for that on or about the last day of July, 1920, the said plaintiff and defendant made and entered into a contract under the terms of which contract the said plaintiff was to do the electrical wiring in a house which defendant was building at Lacon, Ala., at and for the sum of $858.50, and which said amount defendant agreed to pay plaintiff for said wiring, and plaintiff avers that at the time this contract or agreement was made, that it was made upon certain plans and specifications of the new house, and plaintiff avers that after he had done considerable work on the house, that the said plaintiff caused the plans and specifications on said house, as to the electrical wiring, to be greatly changed and altered, so as to necessitate the doing of a great deal more work and wiring than was required under the original plans and specifications and blueprints, and plaintiff avers that he and defendant agreed that he (plaintiff) was to do the additional work, the sum proportionate to the work and pay under the original contract, and plaintiff further avers that he did and performed the electrical work and wiring under the original contract and also under the altered contract, and for said work the defendant agreed to pay him the sum of $1,560.95, but said defendant has only paid to him the sum of $300.95, leaving a balance due of $1,251.90, now due and unpaid under said original contract as altered.

"(21) Plaintiff claims of the defendant the sum of $1,619.78, damages for the breach of an agreement made and entered into on that last day of July, 1920, the substance as follows:

"'Albany, Ala., 5/15/1920.

"'J. B. Patterson, Lacon, Alabama-Dear Sir: According to plans and specifications, I will furnish all material and labor to wire your new home, including the four new lights not in blueprint, also wire garage with two lights, and three point switches. All wires to be in

BX conduit and all work done according to underwriter's rules. For the sum of nine hundred and seventy-nine dollars and fifty cents ($979.50). Feeder lines to be run under ground to garage to basement.

"'Yours truly,

J. O. Camp.'

"Except under the agreement, plaintiff was not to wire the garage and the price was therefore to be reduced to the sum of $120. And plaintiff avers that said defendant accepted said contract and agreed to pay the price of $858.50. And plaintiff says that after this contract was made, that the defendant altered the plans and specifications so as to require the doing by him of considerable more...